PermitsE+W+S
4 [F1(1)] Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except—E+W+S
(a)under a permit in force under the regulations, and
(b)in accordance with any conditions to which the permit is subject.
[F2(2)In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.]
Textual Amendments
F1Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (9.1.2022) by Environment Act 2021 (c. 30), ss. 70(a), 147(2)(i) (with s. 144)
F2Sch. 1 para. 4(2) inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 70(b), 147(2)(i) (with s. 144)
5E+W+SSpecifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.
6(1)Prescribing the contents of permits.E+W+S
(2)Authorising permits to be granted subject to conditions imposed by regulators.
(3)Securing that permits have effect subject to—
(a)conditions specified in the regulations; or
(b)rules of general application specified in or made under the regulations.
7(1)Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).E+W+S
(2)Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).
(3)Regulating the making of changes—
(a)in the operation of the installations or plant to which permits relate, or
(b)in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.
8(1)Regulating the transfer or surrender of permits.E+W+S
(2)Authorising the revocation of permits by regulators.
(3)Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.
9E+W+SAuthorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—
(a)the grant of a permit,
(b)the variation of a permit or the conditions to which it is subject, or
(c)the transfer or surrender of a permit,
or in respect of the subsistence of a permit.
[F39A.[F4(1)Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects functions in relation to offshore installations, corresponding to those that may be prescribed under section 41A of the Environment Act 1995.]E+W+S
(2)Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act.
(3)In this paragraph [F5“offshore installation” has”] the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005.]
Textual Amendments
F3Sch. 1 para. 9A inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), art. 1, Sch. 6 para. 2(2)(a) (with reg. 3)
F4Sch. 1 para. 9A(1) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 16(a)
F5Words in Sch. 1 para. 9A(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 16(b)
10E+W+SAuthorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of—
(a)the testing or analysis of substances,
(b)the validating of, or of the results of, any testing or analysis of substances, or
(c)assessing how the environment might be affected by the release into it of any substances,
in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.